On November 9, 2021, the Department of Homeland Security (DHS)—together with the Department of State (DOS)—has announced the lists of countries whose nationals now qualify for the H-2A and H-2B visa programs in the next year. The following day, the notice listing the eligible countries was published in the Federal Register.
Eligible Countries for the H-2A and H-2B Visa Program
The following countries have been added and are now eligible to participate in the H-2A and H-2B programs:
Bosnia and Herzegovina
Cyprus
Dominican Republic (currently only qualifies for the H-2A program)
Haiti
Mauritius
Saint Lucia
However, Moldova is no longer an eligible country for the H-2A visa program because it does not meet the program’s standards any longer. But Moldova nationals still qualify for the H-2A program until January 18, 2022.
This announcement does not impact the status of H-2 beneficiaries who are currently in the United States unless they wish to extend their stay under the H-2 status prior to, on, or after the publication of the Federal Register notice. Yet, the notice does apply to individuals who wish to change their nonimmigrant status in the U.S. to H-2A or H-2B status.
Nationals from the following countries are eligible to obtain H-2A and H-2B visas, as of November 10, 2021:
Andorra
Argentina
Australia
Austria Germany
Barbados
Belgium
Bosnia and Herzegovina (Just added)
Brazil
Brunei
Bulgaria
Canada
Chile
Colombia
Costa Rica
Croatia
Cyprus (Just added)
Czech Republic
Denmark
Dominican Republic (Just added)
Ecuador
El Salvador
Estonia Madagascar
Fiji
Finland
France
Germany
Greece
Grenada
Guatemala
Haiti (Just added)
Honduras
Hungary
Iceland
Ireland
Israel
Italy
Jamaica
Japan
Kiribati
Latvia
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malta
Mauritius (Just added)
Mexico
Moldova (Only eligible for the H-2A program)
Monaco
Mongolia (Only eligible for the H-2B program)
Montenegro
Mozambique
Nauru
The Netherlands
New Zealand
Nicaragua
North Macedonia
Norway
Panama
Papua New Guinea
Paraguay (Only eligible for the H-2A program)
Peru
Philippines (Only eligible for the H-2B program)
Poland
Portugal
Romania
Saint Lucia (Just added)
San Marino
Serbia
Singapore
Slovakia
Slovenia
Soloman Islands
South Africa
South Korea
Spain
St. Vincent and the Grenadines
Sweden
Switzerland
Taiwan
Thailand
Timor-Leste
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
What are H-2A & H-2B Visas?
The H-2A visa is for temporary agricultural workers, while the H-2B visa is for temporary nonagricultural workers, allowing U.S. employers to bring foreign nationals to the United States for seasonal or temporary jobs that do not require much formal education. While the H-2A visa does not have a cap, the H-2B visa has an annual cap of 66,000.
Homeland Security has the authority to add countries to the qualifying list at any time. On the other hand, if a country fails to meet the requirements for continued designation, the agency can decide not to redesignate any country at the end of the one-year period after the date of publication of the country’s most recent designation in the Federal Register.
Common factors that could lead to being removed from the eligible countries list include:
Abuse
Fraud
Overstay rates
Denial rates
Human trafficking issues
Other forms of noncompliance with the terms and conditions of the H-2 visa programs
If you are interested in obtaining a work visa in Phoenix, AZ, call Kanu & Associates, P.C. at (602) 353-7795 or fill out our online contact form today to schedule a case evaluation.